Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney

CRIMINAL DEFENSE LAWYER FOR THEFT IN ROCKFORD

Types of Different Theft Charges

Retail Theft

Stealing merchandise from a store, otherwise known as shoplifting, is an offense governed by 720 ILCS 5/16A-3 in Illinois and depending on the facts of the case, the offense may be charged as a misdemeanor or felony. In order to obtain a conviction, the State’s Attorney must be able to prove beyond a reasonable doubt that an accused knowingly:

• Took possession of, transferred, or caused merchandise to be taken, and that the accused intended on permanently depriving the merchant of the property, or
• Altered, transferred, or removed a label on merchandise, and thereafter attempted to purchase it or have someone else purchase it for less than full retail value, with the intent to permanently deprive the merchant of the product’s full value, or
• Transferred merchandize from one container to another with the intention of depriving the merchant of the product’s full value, or
• Scans the merchandise in such a way that it’s full value is not recorded at check out, with the intention of permanently depriving the merchant of the product’s full value, or
• Removes a shopping cart from a merchant’s property without consent, with the intention of permanently depriving the merchant of possession, use or benefit of the cart, or 
• Falsely represents to the merchant that s/he or another is the lawful owner of the property, knowing the representation to be false, and conveying or attempting to convey that property to a merchant in exchange for money, merchandise credit, or other property of the merchant, or
• Using or possessing a theft detection device or theft detection remover with the intention of using it to permanently deprive a merchant of merchandise, or
• Exerting unauthorized control over property of a merchant and intending to permanently deprive the merchant of the property when the lessee of the property fails to return it to the owner or when the lessee fails to pay the full retail value of the property within 10 days after written demand from the owner.

If the aggregate value of the property stolen was under $300 the offense is a Class A misdemeanor punishable by up to a year in jail, restitution, and $2,500 in fines. If the aggregate value of the property was over $300 the offense is a Class 4 felony punishable by 1 to 3 years in prison or 30 months probation, restitution, and up to $25,000 in fines.

Potential defenses to these allegations include lack of knowledge, lacked intent, or that the accused had consent of the owner to take the property. Being that this is generally a probationable offense, your case may be eligible for a variety of different dispositions. You may be eligible to receive a term of second chance probation, TASC probation or you may be eligible for deferred prosecution. Some of these outcomes can keep a conviction off your record. An experienced criminal defense attorney can advise you of these options.

Forgery

The offense of forgery is governed by 720 ILCS 5/17-3 and generally a felony offense. To be convicted of forgery, the State’s Attorney must be able to prove beyond a reasonable doubt that an accused knowingly, and with intent to defraud, did at least one of the following acts:

• Made or altered a document capable of defrauding another
• Issued or delivered a fraudulent document
• Possessed a fraudulent document with intent to deliver it
• Unlawfully used someone else’s digital signature 
• Unlawfully used someone else’s PIN or signature device to create his or her own electronic signature

Typically this offense is a Class 3 felony and punishable by 2 to 5 years in prison or up to 30 months probation, restitution, and fines of up to $25,000. Potential defenses to these allegations include lack of knowledge, lacked intent, or that the accused had consent of the owner to take the property. Being that this is generally a probationable offense, your case may be eligible for a variety of different dispositions. You may be eligible to receive a term of second chance probation, TASC probation or you may be eligible for deferred prosecution. Some of these outcomes can keep a conviction off your record. An experienced criminal defense attorney near you in Illinois can advise you of these options.

Stolen Debit Card

This charge can be a tricky one with the difference in charging between a stolen debit card being used for x dollar amount vs. stealing someone’s cash of x amount. In Illinois offenses associated with stolen debit cards are governed by 720 ILCS 5/17-31 through 49. Illinois law specifically prohibits the following types of offenses:

• Making a false statement to obtain a credit or debit card
• Possession of a stolen credit or debit card
• Possession of a lost credit or debit card
• Sale of a credit or debit card
• Use of a credit or debit card for debt
• Use of a counterfeited, forged, expired, revoked, or unissued credit or debit card
• Use of a credit or debit card with intent to defraud
• Use of an account number or code with intent to defraud 
• Receipt of goods or services where one knows or reasonably should know the goods or services were obtained through use of a stolen credit or debit card
• Signing another’s card with intent to defraud
• Altering a credit or debit card
• Etc.

Most of these offenses are Class 4 felonies punishable by up to 30 months of probation or 1 to 3 years in prison, and fines. Use of a counterfeited, forced, expired, revoked, or unissued credit or debit card is a Class 3 felony if more than $300 was used over a six month period. Class 3 felonies are punishable by a term of up to 30 months probation or 2 to 5 years in prison. Use of a credit or debit card with intent to defraud is a Class A misdemeanor if less than $150 was used in a six month period.

Potential defenses to these allegations include lack of knowledge, or that the accused had consent of the owner. Being that these offenses are probationable, your case may be qualify for a variety of different dispositions. You may be able to receive a term of second chance probation, TASC probation or deferred prosecution. Some of these outcomes can keep a conviction off your record. An experienced criminal defense attorney in your area can advise you of these options.

Possession of Stolen Motor Vehicle

It is unlawful for any person to possess a vehicle knowing it to have been stolen. Under Illinois law, knowledge can be inferred from the surrounding facts and circumstances, if those facts and circumstances would lead a reasonable person to believe the vehicle was stolen, or if a person exercises exclusive and unexplained control of the vehicle. The Illinois statute governing possession of a stolen motor vehicle can be found here. Possession of a stolen motor vehicle is a Class 2 felony, punishable by 3 to 7 years in prison or up to 4 years of probation.

Potential defenses to these charges are that the police have the wrong guy (mistaken identity), the accused may have an alibi, or the State may not be able to prove their case at trial. There are alternative ways to resolve a case outside of trial. Some cases may be resolved by a motion to suppress evidence, plea agreement, or amendment of charges to a lesser offense. Being that this offense is probation eligible, an accused may qualify for Second Chance Probation or TASC probation, which each have unique requirements and offer an offender the chance to keep the charge from being a conviction on their record. By no means is this an exhaustive explanation of this topic, and there are always certain issues that individuals are facing in each case that are specific to only that situation. 

Trust your reputation and livelihood to someone who tries cases and knows the law. Act now to get ahead of any accusations against you. For answers to your specific questions, please call or text 815-714-9508 for your free consultation, 24 hours per day, 7 days per week.